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Executive Committee approves payment of invoices after discussion on administrator indemnification
Summary
The McLean County Executive Committee unanimously approved payment of invoices after members questioned whether the countywould be required to indemnify County Administrator Taylor under her employment contract. Assistant State's Attorney Rood explained the contract's indemnity clause and said not paying could be a breach.
The McLean County Executive Committee unanimously approved the payment of invoices at its March 10 meeting after members questioned whether the county would be required to indemnify County Administrator Taylor under her employment contract.
Members debated whether the memo accompanying the invoice requested a legal opinion from the State's Attorney's Office and sought clarification on the contract language that could obligate the county to defend or pay claims against the administrator. ASA Rood reviewed the relevant contract language and told the committee the countywould likely be obliged to defend and indemnify the administrator and that withholding payment could be a breach of contract.
Chair Johnston brought the item forward after Administrator Taylor placed the request on the agenda as "request approval of payment of invoices" (packet, p. 67). Member Layman asked whether a legal opinion had been requested; Rood said no formal opinion had been provided in relation to the memo. Layman then asked Rood to identify the contract clause that addressed indemnification. Rood read or summarized section 15 of the administratorcontract, saying it requires the employer to "defend, save harmless, and indemnify" the employee against tort or professional liability claims arising from performance of the administrator's duties.
Rood told the committee the clause is broad and would provide county representation in a wide range of scenarios. He also said that while the administrator's contract appears to be the only individual employment contract outside collective bargaining agreements, the county has historically defended employees named in lawsuits or complaints even when their contracts do not contain identical language.
After the exchange, Member Bridal moved approval (motion by Vice Chair Bridal, second by Member Abel). With no further discussion, the committee voted and Chair Johnston said the motion passed unanimously.
The committee did not request a written opinion from the State's Attorney's Office at the meeting, and no litigation or claim specifics were presented on the record.
